Legal

Terms of Service

AML Guard, AML/CTF Compliance Platform
Operated by AML Guard Pty Ltd

Last updated: June 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of AML Guard, an AML/CTF compliance platform operated by AML Guard Pty Ltd ("we", "our", "us"). AML Guard is part of the ProBase platform.

By subscribing to or using AML Guard, you ("you", "your", the "Agency") agree to be bound by these Terms. If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business.

2. Definitions

• "AML/CTF Act" means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
• "CDD" means Customer Due Diligence as required by the AML/CTF Act.
• "Compliance Officer" means a user designated within AML Guard with officer-level permissions to approve risk assessments, sign off on CDD outcomes, and access sensitive compliance functions.
• "Credit" means a monetary credit applied against your monthly Subscription Fee as described in Section 6.
• "Subscription Fee" means the monthly fee for access to the Platform, as set out on the Pricing Page or your accepted order.
• "Platform" means the AML Guard software-as-a-service platform, including all features, APIs, and integrations.
• "Pricing Page" means the current pricing information published at amlguard.com.au/pricing, as updated from time to time in accordance with these Terms.
• "Transaction Party" means any individual or entity subject to CDD through your use of the Platform (buyers, sellers, beneficial owners, directors, etc.).

3. Service Description

AML Guard provides tools for Australian reporting entities to manage their AML/CTF compliance obligations, including identity verification, beneficial ownership identification, sanctions and PEP screening, risk assessment, ongoing monitoring, evidence storage, CDD reliance arrangements, and regulatory reporting support.

AML Guard is a tool to assist your compliance obligations. It does not replace your obligation as a reporting entity to maintain an AML/CTF program, appoint a compliance officer, conduct appropriate due diligence, and make independent compliance decisions. You remain solely responsible for your compliance with the AML/CTF Act and any applicable Rules.

4. Account Registration and Access

4.1 Account Setup

You must provide accurate and complete information when creating your account. You are responsible for maintaining the security of your login credentials and for all activity that occurs under your account.

4.2 User Management

You control which of your staff have access to AML Guard and their permission levels. You must designate at least one Compliance Officer within the Platform. You are responsible for ensuring that only authorised personnel access compliance records.

4.3 CRM Integration

If you connect AML Guard to your CRM (such as REX, with additional CRM integrations planned), you authorise AML Guard to read contact and listing data from your CRM and to push compliance status information back to your CRM. Only compliance status indicators are pushed to the CRM; sensitive CDD data (identity details, screening results, risk scores) is not transferred to the CRM.

5. Subscription and Billing

5.1 Subscription Plans

AML Guard is offered on a monthly subscription basis. Current subscription fees are set out on our Pricing Page. We may change pricing with 30 days' notice to existing subscribers.

5.2 Billing

Subscriptions are billed monthly in advance via Stripe. You authorise us to charge your nominated payment method each billing cycle. If payment fails, we will notify you and provide a 14-day grace period before suspending access.

5.3 No Lock-In

Subscriptions are month-to-month with no minimum term, except where you have entered a separate written agreement with us that specifies a minimum term. You may cancel at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months. Any Credit accrued in the calendar month of cancellation is forfeited as described in Section 6.3.

6. CDD Check Pricing and Credit System

6.1 CDD Check Fees

Identity verification and screening checks incur per-check fees as set out on our Pricing Page or your accepted order. These fees are charged in addition to the monthly subscription.

6.2 Client-Pays Model

AML Guard supports a client-pays model where Transaction Parties can pay for their own CDD checks via a secure payment link generated by the Platform. When a CDD check fee is paid, whether the Transaction Party pays it or the Agency absorbs it, the Agency earns a Credit equal to 100% of that fee against the Subscription Fee for the same calendar month, on the terms set out in Section 6.3. The client-pays model is optional; agencies may choose to absorb check costs instead, and absorbed CDD check fees earn Credit on the same basis.

6.3 Credits

Credits operate on a calendar-month basis:

• Credits earned in a calendar month are applied against the Subscription Fee for that same month. Because the Subscription Fee is billed in advance, the Credit for a given month is applied as a credit line on the invoice issued at the start of the following month, identifying the month to which it relates.
• Each calendar month is calculated independently. Credits do not roll forward, accumulate, or carry over between months. Unused Credit at the end of a calendar month is not retained.
• Applied Credit is capped at the then-current Subscription Fee. Credit cannot reduce an invoice below zero, cannot be redeemed for cash, and cannot be applied to any fee other than the Subscription Fee.
• If your subscription is cancelled, any Credit accrued in the calendar month of cancellation is forfeited and is not applied to any final or subsequent invoice.

Eligible CDD check fees earn Credit regardless of whether the Transaction Party or the Agency pays. Rescreening and ongoing-monitoring fees, personnel due-diligence checks, and other non-CDD-check fees do not earn Credit.

6.4 Ongoing Monitoring Costs

Ongoing monitoring involves periodic re-screening of customers at risk-based intervals. Each re-screen incurs a check fee as set out on our Pricing Page. If your account has insufficient credit for scheduled re-screens, monitoring will be paused (not terminated) until credit is available or payment is made.

6.5 GST

Unless otherwise stated, all fees on our Pricing Page and in these Terms are exclusive of GST. Where GST applies to a supply made under these Terms, the recipient must pay the GST amount in addition to the stated fee at the time of payment. Credits are calculated and applied on a GST-exclusive basis, so that GST is assessed on the net Subscription Fee payable after any Credit is applied.

6.6 Third-Party Cost Changes

Per-check fees include costs from third-party verification and screening providers. If a third-party provider materially changes its downstream costs, we may adjust our per-check fees accordingly with 30 days' notice. Subscription fees are not affected by third-party cost changes except through the standard pricing change process described in Section 5.1.

7. Your Obligations

As a reporting entity under the AML/CTF Act, you are responsible for:

• Maintaining a compliant AML/CTF program appropriate to your business
• Appointing and maintaining a compliance officer (both within your organisation and within the Platform)
• Making independent compliance decisions: AML Guard provides tools, data, and risk scores, but the final decision on whether to proceed with a transaction, file a report, or escalate a matter rests with you
• Ensuring CDD is conducted on all required Transaction Parties in accordance with the AML/CTF Act
• Preparing and lodging Suspicious Matter Reports and Threshold Transaction Reports with AUSTRAC as required. AML Guard provides preparation and lodgement workflow support; the agency remains responsible for actual report submission to AUSTRAC unless expressly agreed otherwise.
• Complying with tipping-off prohibitions under section 123 of the AML/CTF Act
• Ensuring the accuracy of information entered into the Platform
• Keeping your account credentials secure and notifying us promptly of any unauthorised access

8. Data Ownership and Intellectual Property

8.1 Your Data

You retain ownership of all data you input into AML Guard and all compliance records generated through your use of the Platform. We do not claim ownership of your data.

8.2 Licence to Us

You grant us a limited licence to process, store, and display your data solely for the purpose of providing the Platform to you and fulfilling our obligations under these Terms. This licence terminates when your subscription ends, subject to our data retention obligations under the AML/CTF Act.

8.3 Our Intellectual Property

The Platform, including its software, design, algorithms, risk scoring methodology, and documentation, is owned by AML Guard Pty Ltd. Nothing in these Terms transfers any intellectual property rights to you. Your subscription provides a non-exclusive, non-transferable licence to use the Platform for your internal compliance purposes.

8.4 Data Export

You may export your compliance data from the Platform at any time through the export functions provided. Upon cancellation, we will make your data available for export for 90 days.

9. Data Retention After Cancellation

Compliance records subject to AML/CTF Act retention requirements will be retained in the encrypted vault for the legally required period (8 years for real estate transactions, above the 7-year statutory minimum, applied automatically by AML Guard as a precautionary standard) regardless of subscription status. You will not be charged for vault storage of legally required records after cancellation. Access to retained records for audit or regulatory purposes can be arranged by contacting us. We reserve the right to charge a reasonable administration fee for record retrieval requests made after the 90-day export window described in Section 8.4.

10. Acceptable Use

You must not:

• Use the Platform for any purpose other than legitimate AML/CTF compliance
• Attempt to access another agency's data or bypass tenant isolation
• Use the Platform to harass, threaten, or unlawfully monitor any individual
• Share your login credentials or allow unauthorised persons to access the Platform
• Reverse-engineer, decompile, or attempt to extract the source code of the Platform
• Use the Platform in a manner that could damage, disable, or impair its functionality
• Resell, sublicence, or redistribute access to the Platform without our written consent

11. Service Availability

We aim to maintain high availability of the Platform but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where practicable. We are not liable for temporary unavailability due to maintenance, infrastructure issues, or events beyond our reasonable control.

12. Limitation of Liability

To the maximum extent permitted by Australian Consumer Law:

• Our total liability to you for any claim arising under these Terms is limited to the fees you have paid to us in the 12 months preceding the claim.
• We are not liable for any indirect, consequential, special, or punitive damages, including loss of profit, loss of data (beyond the data we are obligated to retain), loss of business opportunity, regulatory penalties, or fines imposed by AUSTRAC or any other authority.
• We are not liable for compliance decisions you make using the Platform. AML Guard provides tools and information; you are responsible for your compliance outcomes.
• We are not liable for the accuracy or completeness of data sourced from third parties (including ASIC, sanctions databases, and identity verification providers).

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law that cannot be excluded or limited by contract.

13. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from any claims, losses, damages, or expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Platform, or any third-party claim relating to your use of the Platform. This indemnity does not apply to the extent that a claim arises from our negligence or breach of these Terms.

14. Suspension and Termination

14.1 By You

You may cancel your subscription at any time through the Platform or by contacting us. Cancellation takes effect at the end of the current billing period.

14.2 By Us

We may suspend or terminate your access if you breach these Terms, fail to pay fees after the grace period, use the Platform in a manner that threatens the security or integrity of the service, or if we are required to do so by law or regulatory direction.

14.3 Effect of Termination

Upon termination, your access to the Platform ceases. Your data remains available for export for 90 days. Legally required compliance records are retained in the vault as described in Section 9.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified at least 30 days before they take effect, via the Platform and/or email. Your continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may cancel your subscription before the changes take effect.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.

17. Notices

Any notice under these Terms must be in writing and sent by email to the address specified in Section 19 (for notices to us) or to the email address associated with your account (for notices to you). A notice sent by email is taken to be received on the business day after it is sent, unless the sender receives a delivery failure notification.

18. General

• If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
• Our failure to enforce any right under these Terms does not constitute a waiver of that right.
• Where you have entered a separate written agreement with us (such as a Licence Agreement) and that agreement conflicts with these Terms, the separate written agreement prevails to the extent of the inconsistency.
• These Terms, together with our Privacy Policy and Pricing Page, constitute the entire agreement between you and us in relation to your use of the Platform.

19. Contact and Legal Identity

AML Guard Pty Ltd
Email: [email protected]
Website: amlguard.com.au

See also: Privacy Policy · Security · About AML Guard